Body Corporate 180379 v Auckland Council [2013] NZWHT Auckland 6 [pdf, 124 KB]
...one of the units was statute barred because an assignment of the 2002 Act claim had been ineffective and the assignees (now owners) had not made a new claim prior to the expiry of the limitation period. The Body Corporate and affected unit owner appealed. On 30 March 2012, Fogarty J granted the appeal and set aside our determination.1 [16] In his judgment, Fogarty J observed that there was no evidence that the 2002 Act claims had ever been withdrawn. His Honour noted that t...